Is it necessary to Get Probate of a Will In Rajasthan?

Aditya R khandelwal (Querist) 07 January 2010 This query is : Resolved
Is it necessary to Get Probate of a Will In Rajasthan?

Follow Query

Report Abuse

A V Vishal (Expert) 07 January 2010
The term probate, in its strict sense signifies that the copy of the will is given to the executor, together with a certificate granted under the seal of the court and signed, by one of the registrars, certifying that the will has been proved.

Though executors derive his title from the will and not the probate, the probate is still the only proper evidence of the executor's appointment. The grant of probate to the executor does not confer upon him any title to the property which the testator himself had no right to dispose off, but only perfects the representative's title of the executor to the property, which did belong to the testator and over which he had a disposing power.

Raj Kumar Makkad (Expert) 07 January 2010
Yes. It is mandatory in Rajasthan even.

Dr J C Vashista (Expert) 16 May 2015
I agree with experts, it is mandatory in Rajasthan. However, it is not in Delhi.

Raj Kumar Makkad (Expert) 01 November 2016
I make correction in my opinion at the instance of Adv. Mittal who has personally contacted me to get it corrected.

There is no requirement of the probate of will in Rajasthan.

Dr J C Vashista (Expert) 01 November 2016
As clarified in my personal message to Ms. Madhu Mittal qua probation of will in Rajasthan, it is NOT COMPULSORY.

Thanks to Ms. Madhu.